Monday, November 25, 2013

Imperial Colliery Co. v. Fout case brief

Defendant tenant appealed from a summary
judgment entered by the Kanawha County Court (West Virginia), which
dismissed the tenant's retaliatory eviction defense and awarded
possession of the premises to plaintiff landlord in its action
pursuant to W. Va. Code § 55-3A-1 et seq.

CASE FACTSThe tenant was employed as a coal miner
and rented a house trailer from the landlord, which was allegedly
interrelated with the tenant's employer. When the landlord filed suit
for possession of the premises, the tenant asserted that the suit was
brought in retaliation for his involvement in a strike by union mine
workers. The tenant claimed that the alleged retaliatory motive was
violative of his First Amendment rights of free speech and assembly,
and of the National Labor Relations Act, 29 U.S.C.S. § 151 et
seq.

DISCUSSION

On appeal, the court affirmed the summary judgment in favor
of the landlord.

The court held that retaliation could be asserted as
a defense to a summary eviction proceeding only if the landlord's
conduct was in retaliation for the tenant's exercise of a right
incidental to the tenancy.

The tenant's First Amendment rights that
were allegedly violated were unrelated to his property interest and
did not arise from the tenancy relationship.

Therefore, those rights
were not protected under the retaliatory eviction
defense.

CONCLUSIONThe court affirmed the summary judgment
entered by the trial court in favor of the landlord.

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